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12425 W. BELL ROAD, SUITE D-100






January 18, 2005


Call to Order:

Chairman Ken Senft call the Regular Planning and Zoning Commission Meeting to order at 6:00PM, at the Surprise City Hall, located at 12425 West Bell Road, Suite D-100, Surprise, Arizona 85374, on Tuesday January 18, 2005.


Roll Call:

In attendance were Chairman Ken Senft, Vice Chairman Jan Blair, Commissioner Randy Nachtigall, Commissioner Robert Gonzales, Commissioner Tony Segarra, and Commissioner Dan Morris. Commissioner Skip Hall was absent.


Staff Present:

City Attorney Jeff Blilie, Community Development Director Phil Testa, Planner Andy Jochums, and Planning & Zoning Secretary Linda Bernsdorff.


Council Members Present:


There were no council members present.



                                                                  OLD BUSINESS:                                                                


The minutes of the January 4, 2005 P & Z Commission meeting were approved.


                                                                 NEW BUSINESS:                                                                




                                      Regular Agenda Items Requiring a Public Hearing:                                     


o        ITEM #1:  ZTA04-045, Massage Establishments


Planner Andy Jochums requested that the commission continue the case to the February 15, 2005 P & Z Commission meeting due to an error in the legal notification for this item.


Commissioner Nachtigall made a motion to continue Item # 1, ZTA04-045, a Zoning Text Amendment addressing Massage Establishments, to the February 15, 2005 P & Z Commission meeting.  Commissioner Morris seconded the motion.  The motion carried with 6 yes votes (Commissioner Hall was absent).



o        ITEM #2:  GPA04-388, and ITEM #3:  RZ04-389 – Bell Mirage Estates.


Planner Andy Jochums presented the staff reports for both Item 2 and Item 3 at the same time.


Open call to the Public.


P.R. Wright 12350 W. Bola Dr. Surprise # 308; expressed several concerns about the property directly south of her, and asked whether or not the new building will be a 2 or 3 story structure, and asked if there will be a solid wall built along the property line and if it will have pedestrian openings in it.  Ms. Wright also expressed her concerns regarding the roofline of this new structure.


Planner Jochums explained that the property directly to the south is zoned C-2, however he was unaware if any developments were planned for this property at the current time.  Regarding the specifics about future buildings and site design of the site involved in this application, Mr. Jochums deferred this question to the applicant.


Jennifer Grombacher 1102 E. Missouri Ave, Phoenix; identified herself as the project applicant.  She explained that they will propose a two-story building with a flat roof pitch.  At this time they have not presented a site plan to the City for review.


Commission Blair made a motion to approve item # 2, GPA04-388: Bell Mirage Estates, subject to stipulation “a” and “b”.  Commissioner Nachtigall seconded the motion.  The motion carried with 6 yes votes (Commissioner Hall was absent).


Commissioner Blair made a motion to approve item # 3, RZ04-389 Bell Mirage Estates, subject to stipulation “a” and “b”.  Commissioner Segarra seconds the motion.  The motion carried with 6 yes votes (Commissioner Hall was absent).



                                   Regular Agenda Items Not Requiring a Public Hearing:                                  


o        ITEM # 4 SP04-256 Chuy’s Mesquite Boiler Restaurant


Planner Andy Jochums presented the staff report.


Commissioner Segarra suggested that he would like to see additional parking stalls (discussed in Item # 14, ADA Parking Spaces, contained within the staff report).  He also recommended that Item # 23 of the staff report be removed.  He also expressed concern with the location of the trash dumpster, the lack of handicap parking stalls, and landscaping.


Troy Arc 1930 E. Wilson St. Chandler, AZ; identified himself as the applicant.  He explained that the trash container will be moved to the left side of the building, and that there are a total of 5 handicap parking spaces on-site.


Planner Jochums responded that additional handicap parking stalls indicated by the applicant may not comply with the code regarding the size and design of the individual stalls.


Commissioner Morris suggests three stalls should have markings indicating handicap parking.  He also expressed concern with the location of the sidewalks.  He asked if the sidewalk ends at a certain point, and questioned why the sidewalk did not wrap around the building.  Commissioner Morris suggested that by perhaps repositioning the building additional space to place a sidewalk might be created.


Mr. Arc presented a site plan of a completely different site configuration that illustrated additional space for a sidewalk.


Chairman Senft suggested that the Commission should continue SP04-256 to a future P & Z Meeting in order to review the new site plan.


City Attorney Blilie suggest this item be continued to the February 15, 2005 P & Z Commission Meeting.


Commissioner Nachtigall made a motion to continue SP04-256, Chuy’s Mesquite Broiler Restaurant, to the February 15, 2005 P & Z Commission Meeting.  Commissioner Blair seconded the motion.  The motion carried with 6 yes votes (Commissioner Hall was absent).




                                                           OPEN CALL TO PUBLIC:                                                          


Note:  During this time members of the public may address the Commission on any item not on the agenda.  At the conclusion of the open call, the Commissioners may respond to criticism, may ask staff to review the matter, or may ask that the matter be put on a future agenda.  No discussion or action shall take place on any item raised.


Paula Forrester 16333 E. Escondido Ct, Surprise, AZ; explained that she has attended Commission and Council meeting for the past several years and has several comments concerning lack of police officers, increased traffic and road congestion, and the overbuilding of single family homes.  She opined that if we continue to build at this rapid pace without a corresponding increase in police/fire department staffing as well as building additional roads, we won’t be able to support the growth.  She threatens to gather vote for a city moratorium.  She opined that rapid growth in area schools are another issue.


Chairman Senft suggests these issues should be discussed in a workshop.


                                                        CURRENT EVENTS REPORT:                                                       


Chairperson and Commissioners:


Community Development Director – Phil Testa


            No comments or questions were forthcoming from the Commissioners or the public.


                          CONSIDERATION AND ACTION TO HOLD AN EXECUTIVE SESSION:                         


Pursuant to A.R.S. § 38-431.03(A)(3), the Planning and Zoning Commission may go into executive session with the City Attorney for legal advice on any item listed on the agenda.


There was no request made to call for an executive session.




Hearing no further business, Chairman Ken Senft adjourned the Regular P & Z Commission meeting of Tuesday, January 18, 2005 at 6:47pm.




Phillip Testa, Director

Community Development Department





P&Z Commission Chairman Ken Senft